MIGRATION ACT 1958 - SECT 487F Powers relating to electronic equipment

MIGRATION ACT 1958 - SECT 487F

  (1)   The search powers include the power to operate electronic equipment on the premises if the authorised officer reasonably suspects that:

  (a)   the equipment; or

  (b)   a disk, tape or other storage device that:

  (i)   is on the premises; and

  (ii)   can be used with the equipment or is associated with it;

contains evidential material referred to in paragraph   487E(a) or (b).

  (2)   The search powers include the following powers in relation to evidential material described in subsection   (1) found in the exercise of the power under that subsection:

  (a)   if entry to the premises is under a search warrant--the power to seize the equipment and the disk, tape or other storage device referred to in that subsection;

  (b)   the power to operate electronic equipment on the premises to put the evidential material in documentary form and remove the documents so produced from the premises;

  (c)   the power to operate electronic equipment on the premises to transfer the evidential material to a disk, tape or other storage device that:

  (i)   is brought to the premises for the exercise of the power; or

  (ii)   is on the premises and the use of which for that purpose has been agreed to in writing by the occupier of the premises;

    and remove the disk, tape or other storage device from the premises.

  (3)   An authorised officer may operate electronic equipment as mentioned in subsection   (1) or (2) only if the authorised officer reasonably believes that the operation of the equipment can be carried out without damage to the equipment.

Note:   For compensation for damage to electronic equipment, see section   487T.

  (4)   An authorised officer may seize equipment or a disk, tape or other storage device as mentioned in paragraph   (2)(a) only if:

  (a)   it is not practicable to put the evidential material in documentary form as mentioned in paragraph   (2)(b) or to transfer the evidential material as mentioned in paragraph   (2)(c); or

  (b)   possession of the equipment or the disk, tape or other storage device by the occupier could constitute an offence against a law of the Commonwealth.